STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2024-29963-H
					)
Indianapolis Power & Light Company,					)
					)
Respondent.					)

AGREED ORDER

Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Indianapolis Power & Light Company, which operates the facility, with EPA ID No. IND000715276, located at 6925 N SR 57, in Petersburg, Pike County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

Kristina Lund, CEO	Joseph Strines, Registered Agent
Indianapolis Power & Light Company	Indianapolis Power & Light Company
One Monument Circle	One Monument Circle
Indianapolis, IN 46204	Indianapolis, IN 46204

5. Respondent notified EPA of Very Small Quantity Generator activities on February 13, 2024.

6. Respondent operates a coal fired electric generating station.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

8. During an investigation including an inspection on January 3, 2024, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to IC 13-22-4-3.1(c), a hazardous waste large quantity generator (LQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

c) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

As noted during the inspection, Respondent operated in December of 2022, as a LQG and failed to submit the required annual report for 2022.

Respondent subsequently corrected this after the inspection and filed an annual report on February 14, 2024.

b. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of

LQG activities. Specifically, Respondent operated as a LQG of hazardous waste in December of 2022.

c. Pursuant to 40 Code of Federal Regulations (“CFR”) 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.

As noted during the inspection, Respondent failed to properly determine its generator category. Respondent incorrectly determined its generator status as a LQG of hazardous waste in December of 2022.

d. Pursuant to 40 CFR 262.15(a)(5)(i), a generator must mark or label its satellite hazardous waste containers with the words “Hazardous Waste.”

As noted during the inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with the words “Hazardous Waste.” Specifically, one (1) 55-gallon satellite container located in Warehouse 5 and one (1) 55-gallon satellite container located outside the Simms building filled with D001, D018, D035, F003, and F005 hazardous waste was not labeled or marked with the words “Hazardous Waste.”

Respondent submitted photographic documentation on May 28, 2024, showing satellite accumulation containers were marked with the words “Hazardous Waste.”

e. Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its satellite hazardous waste containers with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with an indication of the hazards of the contents. Specifically, one (1) 55-gallon satellite container located in Warehouse 5 and one (1) 55-gallon satellite container located outside the Simms building filled with D001, D018, D035, F003, and F005 hazardous waste was not marked with the indication of hazard(s) of the contents.

Respondent submitted photographic documentation on May 28, 2024, showing correction and proper indication labeling.

f. Pursuant to 40 CFR 262.16(b)(8)(vi)(A), a small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.

As noted during the inspection, Respondent did not make arrangements with local authorities.

Respondent held a meeting on May 9, 2024, with local emergency responders and provided IDEM with documentation.

g. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a), a large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

As noted during the inspection, Respondent, as an LQG, failed to have a contingency plan for the facility.

h. Pursuant to 40 CFR 262.17(a)(7)(i), (ii), and (iii), facility personnel must complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. Hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

As noted during the inspection, Respondent had personnel who had not received hazardous waste management training sign manifest #024965445JJK.

i. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), with the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

As noted during the inspection, Respondent failed to provide the one-time written notice and place a copy in the file. Specifically, a land ban notification form was not provided for the hazardous waste stream D002 that was shipped off on manifest #024965445JJK.

Respondent provided land ban notification form for the hazardous waste stream D002 that was shipped off on manifest #024965445JJK. The notification was submitted to IDEM on June 7, 2024.

j. Pursuant to 40 CFR 262.23(a)(3) and 40 CFR 262.40(a), the generator must retain copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.

As noted during the inspection, Respondent failed to retain copies of hazardous waste manifests as required.

Respondent submitted hazardous waste manifest #024965445JJK on June 7, 2024.

9. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

1. This Agreed Order shall be effective (“Effective Date”) when it is approved by Complainant or Complainant’s delegate and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with the statutes and rules listed in the findings of fact above.

3. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall determine its generator category on a monthly basis and comply with the applicable regulations.

4. Upon the Effective Date, if Respondent becomes a Large Quantity Generator of hazardous waste in the future, Respondent shall comply with 40 CFR 262.260 and shall develop and maintain a contingency plan for as long as Respondent remains a large quantity generator of hazardous waste.

5. Upon the Effective Date, if Respondent becomes a Large Quantity Generator of hazardous waste in the future, Respondent shall comply with 40 CFR 262.17(a)(7)(i), (ii), (iii), and (iv) and shall maintain a personnel training program for as long as Respondent remains a large quantity generator of hazardous waste.

6. Upon the Effective Date, if Respondent becomes a LQG or a small quantity generator (“SQG”) in the future, Respondent shall comply with 40 CFR 262.23(a)(3) and 40 CFR 262.40(a). Specifically, Respondent shall retain on-site copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.

7. Upon the Effective Date, if Respondent becomes a LQG or a SQG in the future, Respondent shall comply with 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a). Specifically, Respondent shall retain on-site copies of the notification for a period of three (3) years from the date of the shipment to the designated facility.

8. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Lucas Kroening, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

9. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Five Thousand Six Hundred Dollars ($5,600). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

Civil penalties are payable to the “Indiana Department of Environmental Management” by:

Mail:

Civil penalties are payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

Indianapolis, IN 46206

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

10. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay an additional penalty of 10 percent, payable to “Indiana Department of Environmental Management” and shall be payable to IDEM in the manner specified in Paragraph 9, above.

11. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

12. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

13. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

14. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

15. In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.

16. This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

17. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

18. Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to seek additional civil penalties for the violations specified in the NOV.

19. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. EPA) or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the U.S. EPA or any other agency or entity.

20. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By:				By:
	Jennifer Reno, Chief			Printed:
	Land Enforcement Section			Title:
	Compliance Branch
	Office of Land Quality
Date:	6/10/2024			Date:
				COUNSEL FOR RESPONDENT:
				By:
				Printed:
				Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		3rd	DAY OF		July	, 2024___
				For the Commissioner:
				Signed July 3, 2024
				Brian Wolff
				Assistant Commissioner
				Office of Land Quality